CC SR 20170815 04 - Noise OrdinanceRANCHO PALOS VERDES CITY COUNCIL
MEETING DATE: 08/15/2017
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to review a Draft Noise Control Ordinance (Case
No. ZON2017-00015).
RECOMMENDED COUNCIL ACTION:
(1) Review the proposed Draft Noise Control Ordinance, amending Title 9 (Public
Peace, Morals, and Welfare) and other provisions of the Rancho Palos Verdes
Municipal Code; and, if deemed acceptable,
(2) Direct the Planning Commission to review and forward its recommendations for
related modifications to Title 17 (Zoning) for the City Council's concurrent
consideration at a future date.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Leza Mikhail, Senior Planner i;
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development.,
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Noise Control Ordinance No. (page A-1)
B. Public Comments (page B-1)
All previous Staff Reports, Meeting Minutes, and public comments on this topic can be
found on the City's website via the October 18, 2016, January 17, 2017, February 21,
2017, and April 4, 2017 City Council Agenda at http://www.rpvca.gov/772/City-Meeting-
Video-and-Agendas
BACKGROUND AND DISCUSSION:
On October 18, 2016, the City Council initiated code amendment proceedings to add a
chapter to Title 9 (Public Peace, Morals, and Welfare) of the Rancho Palos Verdes
Municipal Code (RPVMC) to include a Citywide Noise Control Ordinance (Ordinance).
Additionally, the City Council authorized Staff to amend certain existing sections of the
Municipal Code, including but not limited to Title 17 (Zoning), to be consistent with the
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new Noise Control Ordinance. Amendments specific to Title 17 require the Planning
Commission's review at a duly -noticed public hearing.
On January 17, 2017, the City Council reviewed Staff's first draft of the proposed
Ordinance, and based on the public testimony and City Council discussion that ensued,
the City Council directed Staff to prepare an ordinance that included specific decibel
levels as the measurement standard. On February 21, 2017, the City Council reviewed
a list of potential items to be included and exempted from the Ordinance. The City
Council provided specific direction regarding a number of noise sources to be covered
by the Ordinance, including noise related to motor vehicles, property maintenance,
alarm systems and mechanical equipment.
On August 7, 2017, a courtesy notice announcing this agenda item was mailed to
interested parties who previously submitted comments regarding the Ordinance.
Additionally, the notice was sent to "Breaking News" listsery subscribers and posted on
the City's Facebook and Nextdoor pages. The notice was also published in the
Peninsula News on August 10, 2017. All public comments received as a result of the
notice are attached to this report (Attachment B).
Proaosed Citvwide Noise Ordinance
Pursuant to City Council direction, Staff has worked closely with the City Attorney to
prepare an Ordinance that will establish a new RPVMC Chapter 9.02 (Noise Control).
As part of this process, Staff has referred to the City's General Plan and the technical
studies being prepared for the General Plan Update to ensure consistency in the
application of the proposed ordinance. The following discussion summarizes the various
sections of the proposed ordinance.
Exterior Noise Limits
The Ordinance would make it unlawful for any person to willfully make or continue to
make any noise disturbance which exceeds a maximum average decibel level within 30
minutes during any given hour, as measured from a property line, and varying
dependent upon the time of day and the zoning district (see Table A below). Daytime
hours are defined as the hours between 8:00 AM and 9:00 PM on weekdays, and
between the hours of 9:00 AM and 9:00 PM on Saturdays and Sundays. All other days
and hours are defined at nighttime hours.
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Table A: Exterior Noise Limits
(levels not to be exceeded more than 30 minutes in any hour)
Specific Prohibited Acts
In addition to the decibel -level restrictions established by time of day and zoning district,
the proposed Ordinance also identifies "specific prohibited acts" that create a noise
disturbance that is annoying, intrusive and/or excessive. The list was developed based
upon City Council direction at its February 21St meeting and current Municipal Code
requirements. The "specific prohibited acts" are summarized below (a full description
can be found in Attachment A):
• Motor vehicle noises not necessary to the operation, such as screeching of tires,
backfiring of engine, engine -repair and testing, etc. in Residential Zoning Districts
• Stationary non -emergency signaling devices, such as bells or sirens for non-
emergency purposes
• Burglar or fire alarms not terminated within 15 minutes of activation, or which
occurs as a result of mechanical or human error on more than 3 occasions in any
30 -day period.
• Amplified sound used during nighttime hours
• Power tools used during nighttime hours
• Mechanical equipment that exceeds the decibel levels listed in Table A above
• Landscape activities between 5:00 PM to 8:00 AM on weekdays and 4:00 PM to
9:00 AM on weekends
• Commercial and/or professional landscaping services not permitted on Sundays
or legal holidays
• Excessive noise from audio systems in vehicles
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30 -Minute Average Noise Level in
30 -Minute Average Noise Level
Zoning District
dBA during "daytime" hours,
in dBA during "nighttime" hours,
Measured at Property Line or
Measured at Property Line or
District Boundary
District Boundary
Single-family Residential
60
45
Multi -family Residential
65
55
Institutional
70
45
Commercial
70
60
Cemetery
65
45
Public/Semi Public (not
including the public right-
70
45
of -way)
Specific Prohibited Acts
In addition to the decibel -level restrictions established by time of day and zoning district,
the proposed Ordinance also identifies "specific prohibited acts" that create a noise
disturbance that is annoying, intrusive and/or excessive. The list was developed based
upon City Council direction at its February 21St meeting and current Municipal Code
requirements. The "specific prohibited acts" are summarized below (a full description
can be found in Attachment A):
• Motor vehicle noises not necessary to the operation, such as screeching of tires,
backfiring of engine, engine -repair and testing, etc. in Residential Zoning Districts
• Stationary non -emergency signaling devices, such as bells or sirens for non-
emergency purposes
• Burglar or fire alarms not terminated within 15 minutes of activation, or which
occurs as a result of mechanical or human error on more than 3 occasions in any
30 -day period.
• Amplified sound used during nighttime hours
• Power tools used during nighttime hours
• Mechanical equipment that exceeds the decibel levels listed in Table A above
• Landscape activities between 5:00 PM to 8:00 AM on weekdays and 4:00 PM to
9:00 AM on weekends
• Commercial and/or professional landscaping services not permitted on Sundays
or legal holidays
• Excessive noise from audio systems in vehicles
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Exemptions
The proposed Ordinance also provides a list of activities that are exempt from noise
level regulations, as summarized below (a full description can be found in Attachments
A):
• Emergencies that require the emission of sound to alert people of an imminent
danger, work authorized to secure the immediate health and safety of the public,
and/or warning devices for the protection of public safety
• City -issued permits such as Conditional Use Permits, Special Use Permits, Film
Permits, etc., or any permit with conditions that specify the type of noise and
hours permitted to operate
• Occasional outdoor activities, such as public dances, sporting events, etc.
pursuant to a permit or license issued by the City
• School activities
• Refuse collection allowed pursuant to Section 8.20
• Activities expressly authorized by state or federal law
• City activities
• Public park and nature preserve activities
Amendments to Other Sections of the Municipal Code for Consistency
In order for the proposed Ordinance to be consistent with the remainder of the Municipal
Code, minor amendments to Titles 5, 6, 8, 9, 10, 12, 15 and 17 are also proposed, and
can be reviewed in the body of the proposed Ordinance. Changes to these chapters
remove discrepancies and add language to direct the reader to the new Ordinance in
Title 9. In addition to these minor amendments, Staff is also proposing to make more
specific amendments to address "landscape activities, including weed and debris
blowers" and "construction activity" as described in further detail below.
RPVMC Section 17.56.020(B) (Conduct of construction and landscape activities)
currently limits construction activities, grading, landscape activities or the operation of
heavy equipment to 7:00 AM to 6:00 PM, Mondays through Fridays, and 9:00 AM to
5:00 PM on Saturdays. Section 17.56.020 (B) prohibits these activities on Sundays or
legal holidays. Staff believes that the impacts generated by general landscape activities
(lawn mowers, tree trimmers, weed whackers, saws, edgers, wood chippers, etc.) are
similar to the impacts of weed and debris blowers that are regulated in Chapter 8.16. In
order to be regulated consistently, especially in terms of noise impacts to adjacent
properties, Staff recommends amending 17.56.020(B) by separating construction
activities and landscaping activities into two separate categories, and applying the same
hours to landscape activities as currently apply to weed and debris blowers, as cited in
Chapter 8.16. These changes can be found in "Section 15" and Section 16" of the
proposed Ordinance (Attachment A)
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Enforcement
If adopted, the proposed Ordinance would take effect thirty (30) days after its adoption.
The proposed Ordinance will be enforced by the City's Code Enforcement Officers, or
other employees designated by the Director of Community Development (Director). If a
violation exists, depending upon the noise source, a violating party will first receive a
written or verbal warning. If the noise disturbance persists or reoccurs within a 90 -day
period, the violating party shall be cited using the administrative penalties in RPVMC
Titles 1.08 or 1.16. Additionally, enforcement of noise disturbances from a vehicle in the
public right-of-way, such as a car radio, are governed by Section 21 and Section 21000
of the California Vehicle Code (CVC) and enforced by the Sheriff's Department. Noise
disturbances from vehicles on private property will be regulated by Section 9.02.040 of
the proposed Ordinance.
Property owners with existing mechanical equipment (i.e., A/C units, pool filters, etc.)
that cause noise levels in excess of the limits established in the proposed Ordinance will
have ninety (90) days after a complaint is confirmed as a violation by the Director to
bring the mechanical equipment into compliance with proposed Ordinance. The
Director shall have the authority to grant extensions to comply with this ordinance, upon
a showing of good cause.
Next Steps
Since the adoption of the proposed Ordinance will require amendments to RPVMC Title
17 (Zoning) for consistency purposes, if the proposed Ordinance is acceptable to the
City Council, the Planning Commission will be asked to review the proposed
amendments to Title 17 and forward its recommendations to the City Council. The City
Council will then consider the Planning Commission's recommendations concurrent with
the proposed amendments elsewhere in Municipal Code. Staff anticipates the City
Council's review will occur in December 2017.
ADDITIONAL INFORMATION:
Animal Control — Barking Dog Complaints
Currently, the City's animal control services, including barking dog complaints, are
regulated by RPVMC Title 6 (Animals) and enforced by Los Angeles County Animal
Control (LACAC). At the February 21St City Council meeting, the City Council directed
Staff to bring back a report, at a duly noticed meeting, to discuss barking dog noise
complaints, and whether such complaints should continue to be enforced by Los
Angeles County Animal Control, or be included in the proposed Ordinance for
enforcement by the City.
On April 4, 2017, the City Council determined that barking dog noise complaints should
not be included in the proposed Ordinance. As described in the April 4th Staff report,
LACAC is looking into amending their enforcement procedures in an effort to reduce the
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amount of time to reach compliance and abate barking dog complaints, although it is
uncertain when new enforcement procedures will be implemented. In the interim, the
City Council directed Staff to bring forward possible amendments to RPVMC Section
6.04.060 (Disturbing the Peace Prohibited) in order to bring noise -related animal control
issues "in house," including an enforcement process. The City Council also directed
Staff to continue monitoring the LACAC's proposed procedural changes to barking dog
complaints.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternatives are available for the
City Council's consideration:
1. Direct Staff to return with modified language for consideration at a future
meeting.
2. Direct Staff to take no further action at this time.
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•
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING CHAPTER 9.02 (NOISE CONTROL), ESTABLISHING A
COMPREHENSIVE NOISE CONTROL ORDINANCE
WHEREAS, the City of Rancho Palos Verdes ("City") has received an increased number
of complaints about loud and annoying noises in the City; and
WHEREAS, these loud and annoying noises have disturbed the quiet enjoyment of
residential property in the City; and
WHEREAS, these noise complaints have resulted from, among other sources, mechanical
equipment, amplified noises, drive-thru speakers, construction noise, power tools, landscape
activities, alarms, loud parties, etc.; and
WHEREAS, the City is a semi -rural, primarily residential city with little ambient noise;
and
WHEREAS, the residents of the City have a keen interest in maintaining the City free from
noise pollution in order to continue to foster the rural and residential nature of the community; and
WHEREAS, the Sensory Environment Element of the City's General Plan states that "it
shall be the goal of the City ... through proper land use planning and regulations, to provide for
a quiet and serene residential community with a minimum of restriction on citizen activity. " The
Sensory Environment Element establishes a number of policies to achieve this goal, one of which
is to "[d]evelop an ordinance to control noise"; and
WHEREAS, the City Council finds that loud and annoying noises threaten the public
peace, health, and safety of City residents; and
WHEREAS, the City's Municipal Code currently includes a variety of noise regulations
contained in different sections of the Code; and
WHEREAS, the City often regulates noise through City -issued permits; and
WHEREAS, the City's existing noise regulations are a hybrid of regulation through
decibel -level standards and a reasonableness standard; and
WHEREAS, City staff has found it difficult to enforce the noise regulations currently
codified in the Municipal Code; and
WHEREAS, the City Council finds that it is necessary to adopt a comprehensive noise
ordinance in order to provide City residents and visitors with clear guidance regarding what level
of noise is prohibited in the City and to provide City staff with a clear and effective mechanism to
enforce noise regulations; and
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WHEREAS, in order to maintain consistency in noise regulations throughout the Code, it
is necessary to repeal and revise other noise regulations in the Municipal Code; and
WHEREAS, the adoption of a comprehensive noise ordinance is consistent with the City's
General Plan; and
WHEREAS, on October 18, 2016 the City Council initiated a Code Amendment to prepare
a comprehensive noise control ordinance, and on January 17, 2017, and February 21, 2017, the
City Council considered a comprehensive survey of types of noise disturbances and variety of
enforcement mechanisms and gave staff direction on developing an ordinance; and
WHEREAS, the City Council finds that the increased complaints about noise received by
City staff and the City Council warrant the adoption of a noise ordinance to preserve the public
peace, health, and safety; and
WHEREAS, the City Council finds that the current noise regulations in the Municipal Code
may invite confusion among City residents, visitors, and staff, and that clarification of this
language and adoption of a comprehensive noise ordinance is necessary to preserve the public
peace, health and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the recitals contained in this ordinance are true
and correct, relies upon them in passing this ordinance, and incorporates them as though set forth
in full herein.
Section 2. Section 5.10.100 (D) of Chapter 5.10 of Title 5 of the RPVMC is repealed
and replaced with the following:
"Whenever the director or city council determines that noise from any establishment
permitted under this chapter interferes with the right of persons dwelling in the vicinity of such
establishment to the peaceful and quiet use and enjoyment of their property, or that the
establishment permitted under this chapter is in violation of Chapter 9.02 (Noise Control) it may
impose as a condition of the permit that the premises of the business activity be soundproofed to
eliminate the noise or reduce it to a reasonable and lawful level. In imposing a condition under this
section, the director or city council must balance all of the interests of the respective parties, as
well as the hardship that will result from the condition. If the director or city council finds that the
noise complained of is of a minimum or inconsequential degree, no action shall be taken under
this paragraph."
Section 3. Section 5.28.060 (I) of Chapter 5.28 of Title 5 of the Rancho Palos Verdes
Municipal Code ("RPVMC") is repealed and replaced with the following:
"No peddler shall make any outcry, blow a horn, ring a bell, or use any sound devices or
musical instrument upon any of the streets, alleys, parks or other public places of this city for the
purpose of attracting attention to any goods, wares, merchandise or food which the permittee
proposes to sell where such noise or sound is made in violation of Chapter 9.02 (Noise Control)."
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Section 4. Section 8.16.010 of Chapter 8.16 of Title 8 of the RPVMC is repealed and
replaced with the following:
"It is unlawful for any person to use or operate a mechanical blower in violation of Chapter
9.02 (Noise Control). It is further unlawful for any person operating any type of mechanical blower
to blow cuttings, refuse or debris onto a neighboring property or into a street, gutter or drain. A
mechanical blower shall include any device used, designed or operated to produce a current of air
by fuel, electricity or other means to push, propel or blow cuttings, refuse or debris."
Section 5. Section 8.20.120 of Chapter 8.20 of Title 8 of the RPVMC is repealed and
replaced with the following:
"A collector shall so conduct its operations as to offer the least possible obstruction and
inconvenience to public traffic or disruption to the peace and quiet of the area within which
collections are made. Noise emitting from any collection shall not be made in violation of Chapter
9.02 (Noise Control)."
Section 6. Section 9.24.020 of Chapter 9.24 of Title 9 of the RPVMC is repealed and
replaced with the following:
"When a party, gathering or other assemblage of persons occurs on private property and is
determined by a sheriff s deputy at the scene to constitute a violation of the California Penal Code,
or in Violation of Chapter 9.02 (Noise Control), or is otherwise disturbing the public peace, health,
safety or welfare, due to the magnitude of the crowd, noise, disturbance or unruly behavior
generated by the gathering, or by excessive traffic or property damage caused by the gathering,
then the deputy shall take such actions and give such direction as is necessary to abate the violation
or condition and shall advise the responsible party orally and in writing that if the violation or
condition is not immediately abated, the responsible party and/or property owner shall be held
responsible for the cost of providing any additional law enforcement services beyond the initial
response as provided in this chapter. Such direction shall be given to the person responsible for
the party, gathering or other assemblage of persons or on whose property it is located. If the
violation or condition is not voluntarily abated or if it otherwise becomes necessary to call in
additional sheriffs personnel or take additional action in order to terminate the gathering, quell
any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond to the situation,
then the cost of such additional law enforcement services beyond the initial response shall be
reimbursed to the city as provided in Section 9.24.030."
Section 7. Section 9.32.040 of Chapter 9.32 of Title 9 of the RPVMC is repealed and
replaced with the following:
"No person shall willfully make or cause to be made any noise disturbance in proximity to
a residence in the city where such noise disturbance is made in violation of Chapter 9.02 (Noise
Control)."
Section 8. Section 10.04.040 of Chapter 10.04 of Title 10 of the RPVMC is repealed
and replaced with the following:
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"A person shall not operate any motor vehicle (including any motorcycle, trail bike, dune
buggy, motor scooter, or jeep) or the motor thereof, on any place other than a highway so as to
disturb the peace or quiet of any neighborhood or person by noise, dust, smoke or fumes caused
by such motor vehicle in violation of Chapter 9.02 (Noise Control). Any person, firm or
corporation violating the provisions of this section is guilty of an infraction and shall be punishable
as provided in Chapter 1.08 (General Penalty) of this code."
Section 9. Section 17.08.030 (C) of Chapter 17.08 of Title 17 of the RPVMC is
repealed and replaced with the following:
"The permitted activity shall not be injurious to the use of neighboring property by reason
of vibration, odor, fumes, smoke, dust, noise made in violation of Chapter 9.02 (Noise Control) or
similar adverse impacts on adjacent properties."
Section 10. Section 17.12.030 (F) of Chapter 17.12 of Title 17 of the RPVMC is
repealed and replaced with the following:
"Deliveries and Mechanical Equipment. Unless otherwise specified in an approved
conditional use permit or other discretionary approval, all deliveries of commercial goods and
supplies; and trash pick-up, including the use of parking lot trash sweepers, shall only be allowed
on commercial properties which abut a residential district, between the hours of 7:00 a.m. and 7:00
p.m., Monday through Sunday. Noise from machinery and mechanical equipment shall be
governed by 9.02.040."
Section 11. Section 17.26.040 (F) of Chapter 17.26 of Title 17 of the RPVMC is
repealed and replaced with the following:
"Deliveries and Mechanical Equipment. Unless otherwise specified in an approved
conditional use permit or other discretionary approval, where an institutional district abuts a
residential district, all deliveries of commercial goods and supplies; and trash pick-up, including
the use of parking lot trash sweepers shall only be allowed on commercial properties which abut a
residential district, between the hours of 7:00 a.m. and 7:00 p.m., Monday through Sunday. Noise
from machinery and mechanical equipment shall be governed by Chapter 9.02 (Noise Control)."
Section 12. Section 17.28.040 (I) of Chapter 17.28 of Title 17 of the RPVMC is
repealed and replaced with the following:
"Deliveries and Mechanical Equipment. Unless otherwise specified in an approved
conditional use permit or other discretionary approval, where a cemetery district abuts a residential
zoning district, all deliveries of commercial goods and supplies; and trash pick-up, including the
use of parking lot trash sweepers shall only be allowed on commercial properties which abut a
residential district, between the hours of 7:00 a.m. and 7:00 p.m., Monday through Sunday. Noise
from machinery and mechanical equipment shall be governed by Chapter 9.02 (Noise Control)."
Section 13. Section 17.40.070 (D)(5) of Chapter 17.40 of Title 17 of the RPVMC is
repealed and replaced with the following:
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"Unless otherwise specified in an approved conditional use permit or other discretionary
approval, the operation of an approved automotive service station use shall not cause noise
exceeding the level of noise allowed by Chapter 9.02 (Noise Control)."
Section 14. Section 17.48.030 (E)(5)(b)(i) of Chapter 17.48 of Title 17 of the RPVMC
is repealed and replaced with the following:
"Noise levels from mechanical equipment shall not exceed the maximum dBA levels
allowed by Chapter 9.02 (Noise Control),"
Section 15. Section 17.56.020 (B) of Chapter 17.56 of Title 17 of the RPVMC is hereby
repealed and replaced with the following:
`B. Construction Activity, including Grading. It is unlawful to carry on construction
activities, including grading, or to operate heavy equipment except between the hours of 7:00 a.m.
and 6:00 p.m. Monday through Friday and between 9:00 a.m. to 5:00 p.m. on Saturday. No such
activity shall be permitted on Sunday or the legal holidays listed in Section 17.96.920 (Holiday,
Legal) of this code, unless a Special Construction Permit is obtained from the Director. Any
Special Construction Permit must be requested at least 48 hours before such work is to begin.
Emergency work, as defined in Section 17.96.630 (Emergency Work) of this code and minor home
repair/maintenance shall be exempted from these time and day restrictions.
Section 16. Section 17.56.020 (G) of Chapter 17.56 of Title 17 of the RPVMC is hereby
added:
G. Landscaping Activities, including Weed and Debris Blowers. It is unlawful for any
person to carry on landscaping activities, including the use or operation of a weed and debris
blower, in violation of Section 8.16.010 or Section 9.02.050(G).
Section 17. Section 17.58.020 (A)(9) of Chapter 17.58 of Title 17 of the RPVMC is
repealed and replaced with the following:
"Noise levels from operation of the machines shall not exceed the level of noise allowed
by Chapter 9.02 (Noise Control)."
Section 18. Section 17.58.020(B)(11) of Chapter 17.58 of Title 17 of the RPVMC is
repealed and replaced with the following:
"Operation of the facility shall not exceed the noise allowed by Chapter 9.02 (Noise
Control).
Section 19. Section 17.58.030(C)(9) of Chapter 17.58 of Title 17 of the RPVMC is
repealed and replaced with the following:
"9. Developments and transportation corridors adjacent to recycling areas shall be
adequately protected for any adverse impacts such as noise, odor, vectors or glare, in violation of
Chapter 9.02 (Noise Control), through measures including, but not limited to, maintaining
adequate separation, fencing and landscaping."
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Section 20. Section 17.76.080 (C)(1)(e) of Chapter 17.76 of Title 17 of the RPVMC is
repealed and replaced with the following:
"Mechanical Equipment. Mechanical equipment must be screened or covered so that it is
not visible from adjacent residential or institutional use or zone. Mechanical equipment shall be
located as far as possible from adjacent residential or institutional uses. Noise levels from such
mechanical equipment shall not exceed the level of noise allowed by Chapter 9.02 (Noise
Control)."
Section 21. Section 17.83.060 (D)(5) of Chapter 17.83 of Title 17 of the RPVMC is
hereby repealed and replaced with the following:
"Noise Level. Noise levels for the system shall not exceed the level of noise allowed by
Chapter 9.02 (Noise Control). The noise levels established by this subsection shall not apply during
short-term events such as utility outages and severe windstorms."
Section 22. Section 1.04 of Title 1 which provides General Definitions is hereby
amended to add the following definitions::
"Section 1.04.045. "City Manager" means the city manager of the City of Rancho
Palos Verdes, or his/her designee.
"Section 1.04.165. "Weekday" means any day Monday through Friday, but
excluding legal holidays as defined in Section 17.96.920 unless expressly stated otherwise
herein.
Section 23. Chapter 9.02 of Title 9 of the Rancho Palos Verdes Municipal Code is
hereby added as follows:
Noise Control
9.02.010 Need for Comprehensive Noise Regulation.
A. Noise Increasing. The making, creation, or maintenance of annoying, intrusive or excessive
noises within the limits of the City is a condition which has existed for some time and the
extent and volume of such noises is increasing.
B. Detriment Health & Safety. The making, creation, or maintenance of annoying, intrusive
or excessive noises which are prolonged, unusual, and unnatural in their time, place, and
use are a detriment to the public health, comfort, convenience, safety, welfare, and
prosperity of the residents of the city.
C. Health & Welfare. The provisions of this chapter are in the public interest and are for the
purpose of securing and promoting the public health, comfort, convenience, safety,
welfare, prosperity, and peace and quiet of the city and its inhabitants. The City of Rancho
Palos Verdes wishes to support an environment free of noise disturbance for its residents
and visitors.
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9.02.020 Definitions.
The following terms shall have the following meaning, unless it is plainly apparent from the
context that a different meaning is intended:
A. "Annoying noise" means noise which is loud or excessive with a repetitive pattern or shrill
frequency, and is disturbing to a person of normal sensitivity. Annoying noise includes
impulsive sounds which are sounds of short duration, usually less than one second, with an
abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions,
drop forge impacts, and the discharge of firearms.
B. "Average sound level" means the level in decibels of the mean -square A -weighted sound
pressure during a stated time period, with reference to the square of the standard reference
sound pressure of 20 micropascals. The "average sound level" is equivalent to the industry
standard LEQ.
C. "A -weighted sound level" means the sound level in decibels as measured on a sound level
meter using the A -weighted network. The A -weighted network is the network for
measuring sound that most closely resembles what the human ear hears. Sound measured
using the A -weighted network is designated dBA.
D. "Construction equipment" means tools, machinery or equipment including "special
construction equipment" defined in the California Motor Vehicle Code, used in a
construction operation on any construction site.
E. "Cumulative period" shall mean a period of time composed of individual time segments
that may be continuous or interrupted, and are aggregated together.
F. "Decibel" means a unit for measuring the amplitude of sound, equal to 20 times the
logarithm to the base 10 ratio of the pressure of the sound measured to the reference
pressure, which is 20 micropascals.
G. "Construction" means any site preparation, assembly, erection, substantial repair,
alteration, demolition, or similar action for or of public or private property, rights-of-way,
structures, utilities, or similar property.
H. "Director" shall have the same meaning as Section 17.96.590..
I. "Daytime" denotes the local time of day between the hours of 8:00 a.m. and 9:00 p.m. on
weekdays and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays and Sundays,
unless expressly stated otherwise herein.
J. "Emergency work" means work: (i) necessary to restore property to a safe condition
following a natural disaster such as an earthquake, fire, or flood, or a public calamity, or
other cause or event not within the control of the person undertaking the work, (ii) required
to protect a person or property from injury or damage, or (iii) by a public or private utility
to restore utility service.
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K. "Intrusive noise" shall mean that noise which intrudes over and above the existing normal
background noise at a given location. The relative intrusiveness of a sound depends upon
its amplitude, duration, frequency, time of occurrence, and tonal or informational content,
as well as the prevailing background noise level.
L. "Mechanical Equipment" means any heating, cooling, venting or similar equipment or
appurtenance serving a structure, pool or spa, including but not limited to, pool pumps,
whole house fans, fans, or any other motorized or powered device or machinery.
M. "Mobile noise source" shall mean any noise source other than a fixed noise source.
N. "Motor Vehicle" shall have the same meaning as Section 415 of the California Vehicle
Code.
O. "Muffler or sound deadening device" shall mean a device consisting of a series of chambers
or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas,
compressed air, or other gas flow, and effective in reducing noise.
P. "Nighttime" means those hours excluded from the definition of "daytime" unless expressly
stated otherwise.
Q. "Noise disturbance" shall mean any: (i) annoying noise; (ii) intrusive noise , or (iii) loud,
excessive, or unnecessary noise that disturbs the comfort and quiet enjoyment of property
of any reasonable person of normal sensitivity residing in the area.
R. "Private street" means any lot not dedicated as a public street over which a private easement
for road purposes has been recorded and used or intended to be used.
S. "Real property boundary (property line)" means an imaginary line along the ground
surface, and its vertical extension, which separates the real property owned by one person
from that owned by another person, but it does not include intra -building real property
division.
T. "Sound amplifying equipment" means any machine or device for the amplification of the
human voice, music or any other sound including, but not limited to, drive through speaker
systems, public address systems, outdoor loudspeakers, and outdoor sound systems. Sound
amplifying equipment as used herein shall not be construed as including standard
automobile radio when used and primarily audible only by the occupants of the vehicle in
which installed or warning devices on authorized emergency vehicles or horns or other
warning devices on other vehicles used only for traffic safety purposes.
U. "Sound level meter" means an instrument, including a microphone, an amplifier, an output
meter, and frequency weighting networks for the measurement of sound levels, which at
least satisfies the requirements pertinent for Type S2A meters in American National
Standards Institute specifications for sound level meters, 51.4-1971, or the most recent
revision thereof.
01203.0005/396505.4
1 •
•
V. "Special event" means assemblages, public meetings, and other special events including
festivals, ceremonies, addresses, speeches, exhibits, performances, plays, circuses, musical
events, athletic events that occur at a particular place and for a limited duration of time, or
uses and developments as defined under Section 17.62 (Special Use Permit) and Section
12.20 (Special Event Permit).
W. "Weed and debris blowers" means any motorized or engine powered device, including but
not limited to lawn mowers, lawn and garden tools, leaf blowers, riding lawn mowers,
power tools, and power saws, but excluding motor vehicles.
9.02.030 Noise Disturbances Prohibited.
It shall be unlawful for any person, corporation, organization, partnership, firm or
association, either directly or indirectly, to willfully make, create or continue, or cause to be made
or continued, any noise which causes a noise disturbance and which (i) exceeds the maximum dBA
levels set forth in Section 9.02.040; or (ii) is a prohibited noise identified in Section 9.02.050 of
this Chapter.
9.02.040 Exterior Noise Limits by Zoning District
A. Maximum permissible sound levels by zoning district. The noise standards for the various
zoning district categories, as presented in Table A-9.02.040, shall be the maximum
allowable noise levels permitted in each zoning district, unless otherwise prescribed in this
chapter. No person may operate or cause to be operated any source of sound at any location
within the City, or allow the creation of any noise on property owned, leased, occupied, or
otherwise controlled by the person, which causes the noise level to exceed the noise
standard for that zoning district for a cumulative period of more than 30 minutes in any
hour.
TABLE A-9.02.040
Exterior Noise Limits
(Levels not to be exceeded more than 30 minutes in any hour)
01203.0005/396505.4
0
1 •
30 -Minute Average Noise
30 -Minute Average Noise
Level in dBA during
Level in dBA during
Zoning District
"daytime" hours,
"nighttime" hours,
Measured at Property
Measured at Property
Line or District Boundary
Line or District Boundary
Single-family Residential
60
45
Multi -family Residential
65
55
Institutional
70
45
01203.0005/396505.4
0
1 •
Commercial
70
60
Cemetery
65
45
Public/Semi Public (not including
70
45
the public right-of-way)
B. Hour Restrictions; Modification by Permit. In addition to the foregoing daytime, nighttime
noise restrictions, pursuant to this Chapter, there may be other specific hour restrictions.
Restricted hours may be modified through a condition of approval of an approved
Conditional Use Permit or "special event" permit.
C. Conflicts. In the event of conflict in the hour restrictions in this Chapter, the most restrictive
hours shall be controlling.
D. Measurement of Sound. Sound will be measured as follows:
(1) The average sound level must not exceed the maximum levels indicated in Table
A-9.02.040 for a total of 30 minutes over any 60 minute period.
(2) Sound level will be measured at the property where the source of the noise is
located, at the property line closest to the source of the noise, or at any location on the property
where the alleged noise disturbance is being experienced.
(3) Sound levels shall be measured with a calibrated sound level meter by a qualified
City enforcement officer.
9.02.050 Specific Prohibited Acts.
In addition to the restrictions of Section 9.02.040, the following acts, and the making, causing to
be made, or permitting thereof, shall be considered a noise disturbance in violation of this Code.
A. Motor Vehicle Noises in Residential Zoning Districts.
1. Operation. Any noise disturbance made by any motor vehicle and not reasonably
necessary to the operation thereof under the circumstances, including, but not limited
to, noise caused by screeching of tires; racing or accelerating the engine; backfiring the
engine; or the emission of exhaust from the engine tail pipe, muffler, or sound
deadening device.
2. Defect in Vehicle or Load. The use of any automobile, motorcycle or other vehicle
so out of repair or altered in such manner as to create loud and unnecessary grating,
grinding, rattling or other noise throughout any residential zoning district.
3. Engine -Repair and Testing. It shall be unlawful for any person to repair, rebuild or
test any engine so as to create a noise disturbance between the hours of 6:00 pm and
01203.0005/396505.4
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A-10
8:00 am unless permitted by a City -issued permit (i.e. "Special Events" permit or
Conditional Use Permit).
B. Stationary non -emergency signaling devices. Sounding or permitting the sounding of any
electronically amplified signal from any stationary bell, chime, siren, whistle or similar
device, intended primarily for non -emergency purposes, from any place, for more than 10
seconds in any hourly period, unless otherwise permitted through a condition of approval
of a Conditional Use Permit. Parking structure exit alarms and any warning and/or
signaling devices required by State or Federal law shall be exempt from the operation of
this provision.
C. Burglar or Fire Alarm. Sounding of any exterior burglar or fire alarm or any motor vehicle
burglar alarm that is not terminated within 15 minutes of activation or which occurs as a
result of mechanical or human error on more than 3 occasions in any 30 -day period.
D. Amplified Sound.
Using or operating for any commercial purposes any loudspeaker system or similar
device during "nighttime" hours, where the sound creates a noise disturbance across
a residential real property line.
2. Using or operating for any noncommercial purposes any loudspeaker, public
address system, radio receiving set, audio system, sound amplifying equipment or
other similar machine or device during "nighttime' hours where the sound creates
a noise disturbance across a residential real property boundary.
E. Power Tools. Operating or permitting the operation of any mechanically powered saw,
sander, drill, grinder, small power equipment, pneumatic devices or tools, or similar device
used outdoors in any zoning district during -"nighttime'" hours so as to cause a noise
disturbance across a residential real property boundary.
F. Mechanical Equipment. Operating or permitting the operation of any mechanical
equipment, including swimming pool motors and equipment so as to create a noise
disturbance across a residential real property line. Any motor, machinery or pump shall be
sufficiently enclosed or muffled and maintained so as not to create a noise disturbance.
G. Landscape Activities. Operating or permitting the operation of landscape activities that
include the use of weed and debris blowers, lawn mowers, tree trimmers, weed whackers,
saws, edgers, wood chippers, or other similar motorized or electric devices, that the sound
therefrom creates a noise disturbance across a residential real property line between the
hours of 5:00 p.m. and 8:00 a.m. Monday through Friday, or between the hours of 4:00
p.m. and 9:00 a.m. Saturday and Sunday. Commercial and/or professional landscaping
services that utilize gas -powered, motorized and/or electric equipment shall not be
permitted to use said equipment on Sundays or legal holidays listed in Section 17.96.920
(Holiday, Legal).
H. Construction Activities.
01203.0005/396505.4
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A-11
1. Operating or permitting the operation of construction activities that require a
permit, grading, or the operation of construction equipment that is likely to create
a noise disturbance across a residential real property line between the hours of 6:00
p.m. and 7:00 a.m. Monday through Friday, or between the hours of 5:00 p.m. and
9:00 a.m. on Saturday. No such activity shall be permitted on Sunday or legal
holidays listed in Section 17.96.920 (Holiday, Legal), unless a Special Construction
Permit is obtained from the Community Development Director. A Special
Construction Permit must be requested at least 48 hours before such work is to
begin; and,
2. All construction equipment powered by internal combustion engines shall be
sufficiently muffled and maintained so as not to create a noise disturbance in
accordance with Section 9.02.040; and,
3. Unnecessary idling of internal combustion engines is prohibited; and,
4. All stationary noise -generating construction equipment, such as tree grinders and
air compressors, are to be located as far as is practical from existing residences.
9.02.070 Exemptions.
The following activities shall be exempt from noise level regulations:
A. Emergency exemption. The provisions of this chapter shall not apply to: (i) the emission
of sound for the purpose of alerting persons to the existence of an emergency or imminent
danger, (ii) the emission of sound in the performance of emergency work by authorized
personnel for the purpose of securing the immediate health and safety of the public, or (iii)
warning devices necessary for the protection of public safety such as police, fire, and
ambulance sirens, or permitted burglar alarms.
B. City -issued permits. Activities or events whose noise is regulated by a City issued permit
with conditions that specify the type of noise and hours permitted to operate, such as but
not limited to, a Special Use Permit, Special Event Permit, Special Construction Permit,
Wireless Telecommunications Facility Permit, Film Permits, or Conditional Use Permit.
C. Outdoor activities. The provisions of this chapter will not apply to occasional outdoor
gatherings, public dances, shows, and sporting and entertainment events, provided the
events are conducted pursuant to a permit or license issued by the City.
D. School activity. Noise reasonably related to official or authorized school activities or
events, including bands, athletic activities, and entertainment events. This exclusion shall
include the use of bells, sirens, or similar audible devices used by schools to give notice to
students and faculty.
E. Emergencies. The operation of an emergency generator after a power failure, by an
employee or agent of a law enforcement agency, City, government agency, public utility
agency, fire department, hospital or other medical or surgical facility that is providing
01203.0005/396505.4
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A-12
emergency medical services, City services or public or private utility to restore utility
services. The reasonable testing of emergency generator by any person provided that the
testing is conducted during "daytime" hours.
F. Refuse collection. Refuse collection trucks, provided the trucks comply with Chapter 8.20
(Solid Waste Collection and Disposal) of the City's Municipal Code.
G. State law. Activities expressly authorized by state or federal law. Any other activity to the
extent regulation thereof has been preempted by state or federal law
H. City activities. Any activity by the City.
I. Parks and preserve. Public park and Nature Preserve activities, except the use of devices
supporting amplified sounds, unless allowed with conditions through a Special Event
Permit, pursuant to Section 12.20 of the Municipal Code.
9.02.080 Defenses. In any prosecution for a violation of this Chapter, it shall be a defense
that the noise about which a complaint is made: (a) was beyond the control of the person charged
with making the noise, unless due to a curable cause which was not diligently cured; or (b) was
necessary to prevent injury to persons or property.
9.02.090 Exceptions for Time to Comply.
A. Grandfather clause. This Ordinance shall be enforceable on its effective date; provided that
owners and occupants of real property shall have ninety (90) days after a complaint is
received and subsequently confirmed as a violation by the Director, to bring mechanical
equipment into compliance with this Ordinance.
B. Extension for good cause. In a case of hardship, upon application to the Director. The
Director shall have the authority to grant extensions to comply with this ordinance, upon a
showing of good cause.
9.02.100 Violation — Enforcement and Penalties.
A. Violations. A violation of this Chapter is punishable as prescribed in Sections 1.08 and
1. 16, subject to the notification requirements of Subsection B, below.
B. Procedure. If it is determined that a noise in violation of this chapter exists at a fixed
location, the following procedures shall be followed:
1. A written or verbal warning shall be issued by the investigating officer to the
person(s) responsible for the event causing the noise disturbance, and to the property
owner of the property from which the noise source is generated.
2. If the noise disturbance persists following the issuance of a written or verbal
warning, or reoccurs within a 90 -day period from the issuance of a written or verbal
01203.0005/396505.4
13
A-13
warning, then the person responsible for the event causing the noise disturbance, and
the property owner, shall be cited for a violation of this Chapter.
C. Property owner joint and several responsibility.
(1) In addition to the person causing the violation, the owner or any person in
possession or control of the property where the violation has occurred, shall be
responsible for compliance with this chapter Property owners shall use all
reasonable means available to them to abate the violation, up to an including
bringing legal eviction proceedings against the tenant or occupant causing or
maintaining the noise violation if necessary. If the noise disturbance is on real
property and it reoccurs, in addition to the person responsible for the incident
causing the noise disturbance, the property owner shall also be guilty of a violation
of this Chapter in accordance with Section 9.02.090.
(2) Notwithstanding the foregoing, an owner, manager, overseer or agent of property
where the violation occurred and who does not reside on such property shall not be
cited for violation of the provisions of this Chapter unless such owner, manager,
overseer or agent has previously been informed in writing by a law enforcement
officer, code enforcement officer, or other employee or official designated by the
city manager or designee of the existence of an offending noise disturbance on the
property, and such disturbance continues, occurs again or is otherwise not
reasonably or fully rectified or brought into compliance with this chapter.
D. Public nuisance. A violation of this chapter is declared to be a public nuisance, which may
be abated by the City in the manner provided by the laws of the State of California and the
ordinances of this City for the abatement of a public nuisance, and the City shall also have
all rights provided by such laws and ordinances to recover damages suffered from any such
nuisance and to recover from the owner of the property upon which such nuisance is located
the cost of any abatement by the City.
E. The Director shall be responsible for the overall enforcement of this chapter, including
assigning or referring the investigation and enforcement to the appropriate City
department.
Section 17. The City Council finds that this ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b)(3)
because it can be seen with certainty that it will not have a significant effect on or physical change
to the environment.
Section 18. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each and every section, subsection,
01203.0005/396505.4
14
A-14
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
Section 19. Inconsistencies. To the extent the terms and provisions of this Urgency
Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City Urgency
Ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this
Urgency Ordinance shall prevail with respect to the subject matter thereof.
Section 20. Publication. The City Clerk shall cause this Ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and circulated within
the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be
published in the manner required by law using the alternative summary and posting procedure
authorized under Government Code Section 39633(c).
Section 21. Effective Date. This Ordinance shall take effect 30 days after its adoption.
PASSED, APPROVED and ADOPTED this day of 92017.
Brian Campbell, Mayor
ATTEST:
Emily Colborn City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole numbers of the City Council of said City is five; that the foregoing Ordinance No.
was duly and regularly adopted by the City Council of said City at a regular meeting thereof
held on , 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
01203.0005/396505.4
15
City Clerk
A-15
From: Kit Fox
To: Craig Weintraub; Leza Mikhail
Subject: Re: Sunday Night Golf course noise 1:20 AM!
Date: Sunday, August 06, 2017 11:04:35 AM
The ordinance will be discussed at the regular City Council meeting, which starts ay 7:00 PM at Hesse Park and is open to the public.
From: Craig Weintraub <cisco333@aol.com>
Sent: Sunday, August 6, 2017 11:02 AM
To: Kit Fox; Leza Mikhail
Subject: Re: Sunday Night Golf course noise 1:20 AM!
Kit,
Thank you for your response.
I am in the process of contacting the GM at Los Verdes. They've been generally better however last night was a drag.
Is this upcoming noise control on August 15 open to the public?
If I can get home from work I'd like to come.
Thank you again,
Craig
On Aug 6, 2017, at 10:57 AM, Kit Fox wrote:
Dear Mr. Weintraub:
I'm sorry to hear that you're experiencing late-night/early-morning noise issues with Los Verdes - again. I'm copying Code
Enforcement Officer Julie Peterson on this reply so that she can look into this. Have you contacted the GM at Los Verdes about
this latest incident?
On a related topic, the City Council will be considering a citywide noise control ordinance at its upcoming meeting on August
15th. I've copied Senior Planner Leza Mikhail on this reply. She can assist you if you have questions about how the proposed
ordinance may address this issue.
Sincerely,
Kit Fox
Senior Administrative Analyst
From: Craig Weintraub <cisco333(@aol.com>
Sent: Sunday, August 6, 2017 1:23 AM
To: Kit Fox
Subject: Re: Sunday Night Golf course noise 1:20 AM!
Dear Kit,
The Palos Verdes Golf Course situation rears it ugly head again 12
1 have been awoken by 10 minutes of back up beeps from a semi -trailer in the Palos Verdes Golf Course. This was an issue that
we have all discussed earlier and semi's are not supposed to idling their trucks nor making deliveries that wake up the
neighborhood.
I have called the police and filed a complaint.
Can someone please get back to me about this situation?
Sincerely,
Craig Weintraub
On Aug 15, 2016, at 7:50 AM, Kit Fox <KitF anrpvca.gov> wrote:
Dear Mr. Weintraub:
Thank you for your e-mail. I agree that it is unacceptable for Los Verdes to be conducting noisy operations at midnight. I
will ask our code enforcement officer, Julie Peterson, to look into this matter.
Also, please note that Carolynn Petru retired last fall. Our new Deputy City Manager is Gabriella Yap (gyao(@rpvca.gov).
Sincerely,
Kit Fox, AICP
Senior Administrative Analyst
City Managers Office
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
T: (310) 544-5226
F: (310) 544-5291
E kitf0wyca.rtoA
<image001.]pg>
From: Craig Weintraub [mailto:cisco333C@aol.com]
Sent: Sunday, August 14, 2016 12:04 AM
To: Los Verdes Golf Club General Manager <gm(ci)losverdesgc.com>
Cc: Susan Brooks <Subrooks08r7a gmail.com> <Subrooks08 angmail.com>; wwlearyCcDparks.lacounty.gov; Julie Peterson
<JulieP(@rpvca.eov>; Carolynn Petru <Carolynn anrpvca.gov>; Larry Lee <IIee(c parks.lacounty.gov>; CC <CC(@rpvca.gov>;
Los Verdes GC Assistant General Manager <agmPlosverdesgc.com>
Subject: Re: Saturday Night Golf course noise 12 AM Saturday Night
Dear Mr. Lockhart,
It is 12:00 and I have just been down to the golf course because there is the intermittent large clanking of
golf balls into a metal bin. The worker there said he had to load up the golf range and had to get his work done.
Can you please arrange to have this loud work done at a more appropriate time?
Perhaps you need to re-examine your scheduling so this activity doesn't take place at midnight. Or maybe
you can hire an extra worker to make sure the work is done at a better time than the hours when people are trying
to go to sleep.
We've been through this many times before.
This loud noise at late hours is unacceptable. And it's a problem easily solved with sufficient planning.
Thank you,
Craig Weintraub
On Jul 11, 2014, at 7:57 AM, Los Verdes Golf Club General Manager <gtnkIosverdesgc&o-m> wrote:
Mr. Weintraub,
1. It's very difficult to ask people to be at the tee box without notifying them prior to their time.
2. Customers at 5:30 know their time however they always need a little help making their way to the
tee.
3. We are the busiest golf course in the country and as such it's imperative that we stay on time. We do
this by making several announcements letting customers know they are on deck, 7 minutes away
from the tee, etc.. A chalkboard as you stated simply won't work.
Maybe the City members can chime in. To the best of my knowledge I'm not aware of any ordinance
preventing us from using the PA. If there is hopefully the city can make me aware of such a provision.
FYI, by 8:00 AM we've already sent 125 golfers out on the golf course. Refraining from using the PA
before this time would simply not work.
Thank You,
Robert Lockhart
General Manager
Los Verdes Golf Course
(310) 377-7888 x10
(310) 377-0336 (Fax)
www.Golfzina.com
Book tee times, find friends, join tourneys,
get tips, and find Special OffersW
From: Craig Weintraub rmailto:c0sco333(@aol.coml
Sent: Friday, July 11, 2014 7:29 AM
To: Los Verdes Golf Club General Manager; Susan Brooks; wwlearK@parks.lacounty.aov
Cc: Julie Peterson; Carolynn Petru; Larry Lee; CC; Los Verdes GC Assistant General Manager; Craig Weintraub
Subject: Re: What is a reasonable solution?
Dear Mr. Lockhart,
I am all for a reasonable solution.
1. Is there no other way to call tee times at 5:00 other than with a PA system?
2. Don't people with a 5:30 AM call know that they should be around the Pro Shop to begin
their round?
Maybe Susan Brooks and Mr. Leary can come up with something acceptable. Hearing the
loudspeaker at 5:00 AM is not acceptable. I've listened to it for years and I've had it. I'd be amenable to
7:00. Surely there must be some way for people to realize their call time times without blasting it out
on a loudspeaker?
The noise from this PA system echoes up to my apartment. It's particularly annoying on
Saturdays and Sundays at 5:30 AM, even more so at 5:00 when I am sleeping. I normally get up about
6:00 so losing an hour of sleep is a drag.
I'm willing to compromise. I understand the need for the community to have a golf course. But
surely, it's not necessary to use the PA system before 6:30 or 7:00. There must be some other way for
Golfer's to know their tee times. This isn't rocket science.
How about posting it on a large chalkboard during these early hours?
I don't understand why not using the PA in the early AM is so difficult. You say that you will
control the volume. I know that this will not happen. You need to figure out another way to announce
tee -times between 5:00 AM and 6:30.
I await your response,
Craig Weintraub
On Jul 11, 2014, at 7:17 AM, Los Verdes Golf Club General Manager wrote:
Mr. Weintraub,
I respectively request some leniency regarding this new policy you would like us to implement. If we are to
refrain from using the PA until 8 AM during the summer months we will be in real trouble. This would
prevent us from calling groups to the tee for approx.. 3 hours. If we could find some sort of middle ground
that would be helpful. We recently replaced our Pa system and it looks like it was turned up to a level that
was obviously too loud. We've made adjustments, hopefully the level is acceptable now.
We do our best as you know to prevent any loud noise that may interrupt your sleep. We've cancelled our
street sweeper and we've altered our maintenance practices. To not allow us to use the PA until 8:00 AM
would really hurt our operation.
Hopefully the PA sound level is now acceptable and you can understand the need for the use of the PA in the
AM.
Thank You,
Robert Lockhart
General Manager
Los Verdes Golf Course
(310) 377-7888 x10
(310) 377-0336 (Fax)
Book tee times, find friends, join tourneys,
get tips, and find Special OffersW
From: Craig Weintraub [mailto:cisco333(a)aol.com]
Sent: Friday, July 11, 2014 5:24 AM
To: Julie Peterson; Carolynn Petru; Los Verdes Golf Club General Manager; Larry Lee;
<wwleary�pal arks.lacountygov>; CC; Susan Brooks
Cc: Craig Weintraub
Subject: Re: Leafblowers at Saturday 7 AM
Greetings to all at 5:00 AM,
I was awakened today by the electronic PA Systems announcing tee time reservations this
morning. I have put up with this years. I insist that you don't use the PA before 8 AM.
I would like the city to implement this policy immediately.
Can you all confirm that this policy is stopped! ! !
I'm tired of the Golf Course not being a good neighor and I'm tired of waking up and having to
write this 5 AM emails.
Craig Weintraub
On Jun 26, 2014, at 1:44 PM, Julie Peterson wrote:
Mr. Weintraub,
Thank you for the email regarding the early morning noise at Los Verdes. You're right, 5:30 is much too early
to be listening to this noise. I'll contact Los Verdes right away and inform them of the Municipal Code
requirements. If there is a continuing problem, please let me know.
Julie Peterson
Code Enforcement Officer
310-544-5228
From: Craig Weintraub [mailto:cisco333Paol.com]
Sent: Friday, June 20, 2014 5:35 AM
To: Carolynn Petru
Cc: Los Verdes Golf Club General Manager; CC; <wwlearyl@oarks.lacounty.gov>; Larry Lee; Susan Brooks
<Subrooks08CcDgmail.com>; Greg Pfost; Julie Peterson
Subject: Re: Leafblowers at Saturday 7 AM
Carolynn,
Last year you helped me out when I had a problem with the noise in the early morning from the
Los Verdes Golf Course. It is 5:30 in the morning and I have been awoken for the past 15 minutes due
to some municipal machine that is apparently cleaning the Los Verdes Golf Course.
I thought this loud noise was against the law at 5:30 in the morning.
This happens every year. I don't know why people don't have some common courtesy. I have to
go to work today and there's no way I can sleep with this racket. Even with my windows closed I can
hear this.
Can you direc the appropriate people to stop this excesesive noise at 5:30 in the morning?
Everyone is supposed to have been alerted that this activiity is prohibited.
I am so angry that I have to continually deal with this.
Sincereley,
Craig Weintraub
Palos Verdes Resident for 10 years
310 544-3723
On Jan 28, 2013, at 8:43 AM, Carolynn Petru wrote:
Dear Mr. Lockwood —
I was copied on the email exchange below and just wanted to take the opportunity to let
you know that Rancho Palos Verdes Municipal Code Section 8.16.010 states:
"It is unlawful for any person to use or operate a mechanical blower before eight a.m. or
after five p.m. Monday through Friday, or before nine a.m. or after four p.m. on
Saturday or at any time on Sunday, or national holidays." (emphasis added)
The City would greatly appreciate it if the Los Verdes Golf Course would adhere to
these regulations in consideration of the residents living around the golf course. Thank
you very much for your consideration. If you have any questions, please feel free to
contact Julie Peterson, Code Enforcement Officer, at (310) 544-5299.
Sincerely,
Carolynn Petru
Deputy City Manager
(310) 544-5023
From: Mayor Susan Brooks [mailto:subrooks08(@omail.com]
Sent: Saturday, January 26, 2013 6:56 PM
To: Los Verdes Golf Club General Manager
Cc: Craig Weintraub; CC; <wwlearyCalparks.lacounty oov>; Larry Lee
Subject: Re: Leafblowers at Saturday 7 AM
Thank you Mr. Lockhart. We've heard complaints about this for over a year now.
Hopefully, you've taken care of the problem.
Susan Brooks
Mayor
Sent from my iPad
On Jan 26, 2013, at 9:13 AM, "Los Verdes Golf Club General Manager"
<gmI t9&americangolf.com> wrote:
Mr. Weintraub,
I apologize for the noise this AM. We will absolutely begin our leaf blowing no earlier
than 8:00 AM on Saturdays. I spoke to the superintendent this morning and he
understands the situation.
Thank You,
Robert Lockhart
General Manager
Los Verdes Golf Course
(310)377-7888 x10
(310) 377-0336 (Fax)
www.Golfzing.com
Book tee times, find friends, join tourneys,
get tips, and find Special OffersW
From: Craig Weintraub [mailto:cisco333(@aol.com]
Sent: Sat 1/26/2013 7:36 AM
To: Los Verdes Golf Club General
Manager; CC(aa r vp com; wwleary(dparks. lacounty aov; Larry Lee; Susan
Subject: Re: Leafblowers at Saturday 7 AM
Hello,
It's Saturday morning and I've been woken at 7 AM to listen to an hour of a
loud leafblower.
I know it's not 4:30 but is it possible to start the leafblowers on Saturdays at
8:00. Saturdays and Sundays are my days to rest, my one time for some peace
and quiet
Or maybe you can consider getting quieter electric blowers than these gas
ones which are horrible polluters anyway.
Please, I'm sure none of you would want to hear this noise at 7 AM on a
Saturday and I suspect there is a city ordinance about having these
leafblowers start before 8 am on a Saturday or Sunday.
We all live here
Craig Weintraub
PV Victoria Apartments
(A resident for 8 years) & a significant taxpayer
On Jun 20, 2012, at 3:43 PM, Los Verdes Golf Club General Manager wrote:
Mr. Weintraub,
I apologize for the early wakeup. I've talked with my superintendent and we will instruct
the crew to delay the mowing of the greens near you as late as we can.
Thank You,
Robert Lockhart
General Manager
Los Verdes Golf Course
(310)377-7888 x10
(310) 377-0336 (Fax)
www.Golfzina.com
Book tee times, find friends, join tourneys,
get tips, and find Special OffersW
From: Craig Weintraub [mailto:cisco333(&aol.com]
Sent: Wed 6/20/2012 5:30 AM
To: wwleary(cbparks.lacounty aov; Los Verdes Golf Club General Manager
Subject: Awoken AT 4:30 AM
Dear Mr. Leary,
I have been awoken at 4:30 AM this morning. There are two mowers on the greens just
below my house that are making a lot of noise. The noise travels uphill. I know they do these
greens early but this morning its particularly loud this morning. All my windows are shut. Can
you please have them do these greens closest to the PV Victoria Apartments at a later time?
I await your response.
Thank you,
Craig Weintraub